Judges have cried foul that the “erosion” of their salaries as a result of below-inflation and no increments over the last five years is unconstitutional.
The Independent Commission for the Remuneration of Public Office Bearers has detailed the judges’ position in its memorandum that proposes 3% increases to the salaries of the State's highest earners.
President Cyril Ramaphosa’s gross pay should increase by R89 695 annually to just over R3 million, the commission chaired by North West Judge President Monica Leeuw proposed.
Deputy President David Mabuza’s salary should rise to just over R2.9m, while R72 000 should be added to the ministers’ current R2.4m.
Members of Parliament (MPs) were also up for the 3% proposed increase. The Speaker of the National Assembly, Nosiviwe Mapisa-Nqakula and the Chairperson of National Council of Provinces, Amos Masondo, should rake up just over R2.9 million.
The 3% increments proposal meant ordinary MPs will have R34 138 added to their current gross pay that is just over R1.1m annually.
Judges and magistrates were in for the 3% increments too. Such an increase will see the newly appointed Chief Justice Raymond Zondo getting paid just over R2.9m.
The salaries of High Court Judge Presidents will cross the R2.2m mark, while those of Judges will move to R1.9m.
The commission’s increment proposal contradicted the suggestion of the Finance Minister, who recommended zero increases for all public officer bearers but ordinary MPs and Members of the Provincial Legislatures.
Treasury’s submission to the commission stressed that the country’s economy was bruised by the Covid-19 health crises and faced a shortfall of R175.2bn in tax collection.
Furthermore, the Treasury submitted, the budget guidelines proposed a wage freeze over three years in a bid to promote fiscus recovery.
But the judiciary, via the Chief Justice office, lamented the prospects of zero or below-inflation increases.
They drew the commission’s attention to the unconstitutionality of adjustments that erode their pay.
“The Judges submit that their salaries diminished due to the below inflation or no increase of salaries,” said the commission’s memorandum.
“Judges invited the Commission to consider and apply the provisions of section 176(3) of the Constitution, which provides that: ’The salaries, allowances and benefits of Judges may not be reduced’.”
The judges said their salaries had been eroded by over 20% over the last five years.
“They further submit that an erosion of this nature is unconstitutional by reason of section 176(3) and the separation of powers envisaged in section 165(4) of the Constitution which provides that organs of state, through legislative and other measures, must assist and protect the courts to ensure the independence, impartiality, dignity, accessibility and effectiveness of the courts,” said the commission’s memorandum.
The Independent Commission for the Remuneration of Public Office Bearers maintained that it considered all submissions it received, as well as relevant legislation, to arrive at the 3% increase proposal.
Sizwe Pamla, Cosatu spokesperson, said the proposal was scandalous considering the Constitutional Court’s February ruling that went against unions.
“Wages of public servants were frozen when the judiciary agreed with the government to not pay them monies that were due to them in 2020,” Pamla told The Star.
“The judges just gave the government what it wanted. Now we’re clear that they didn’t want that money to go to public servants because they wanted that money for themselves.
“We reject that. It’s scandalous and they should be embarrassed for saying that (they should get increases) after they just said the government doesn’t have money.”
The politicians too should not get salary increases, said Pamla. “The conversation we should be having is how to reduce their perks and packages.
“It’s embarrassing and scandalous that the political elite in this country, surrounded by poverty, inequality, starvation, unemployed young people sitting at home watching their dreams pass them by, have the audacity to say they deserve an increase,” she added.